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Amanda Louise Ebey

Amanda Ebey’s Answers

2 total

  • So if theres an Administrator & an Executor of an Estate, does that mean there a will & then also not a will..?

    please help on this one Thnx~ :)

    Amanda’s Answer

    A personal representative may be called an "administrator" if there is no will, an "administrator with will annexed" if there was a will and the named executor is not acting as executor, or an "executor" if the named executor in the will is acting. Like my colleagues, I have never heard of both an administrator and an executor, unless the court has approved them both to act as co-personal representatives of the estate, and one was named as executor in the will and the other wasn't. Of course, lawyers need more facts and to see the actual paperwork, but I hope this helps.

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  • If a will shows that the testator had contrary intentions for the residuary & the beneficary died before all the schedules...

    ....have been distributed plus ALOT of unclsaimed property keeps rolling in, who gets it the residuary now?

    Amanda’s Answer

    I agree with the other attorneys who have responded. Your question does not give us enough facts to arrive at a more concrete solution. Under certain, limited, circumstances you can contest a will even if it has gone through a probate. If you do not want to contest it, then you might be able to bring the issue before the court for advice to determine who the proper heirs are. In general though it is best to hurry up. Once the assets are distributed it is very difficult to get them back!

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